Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-12-08
RAILROAD GRANTS.
The Secretary OF the inferior On
Land Grants.


Shortly after my appointment TO the position
which now have the honor to hold. and rs
became somewhat familiar with the public land
sysfenn, its organizations and the workin
1nereoI became more and more impressed
with the fact that the public domain was being
diverted from its legitimate purpose and con-
verted 10 objects, the inevitable effects OF which
were repugnant to the entire theoi which
the land system was based.
Apart from the methods OF Illegal appropria-
zion OF the public domain effected through the
perversion of the severitla for acquiring title
thereto. became convinced that the admins
tration OF Congressional grants of lands to
wagon and rail roads had given rise to enormous
abuses. Congress had not only made grants,
which. in some instaoccS, exceeded in extent
the area OF u half dozen OF the largest and most
populous States of the Union, but. in addition
provided that any losses OF lands within inc
granted limits should be satisfied by selections
OF lands within other and adjoining limits,
thus nearly doubling the area of the
original grant. Under these acts, ire
land department had withdrawn fTCr1
public appropriation not orr the granted
limits required by law. buC also the lands
within the Indemnity limits, at the request OF
the grantee companies. Thus enormous qua:-
titles OF the public lands were held IN ieserVa-
ton to await the convenience of the respective
corporations in the construction OF their ROADS,
the selection OF its lands; and the uncertain ad-
jnstments of the grants by the department.. I
do not for q moment QUESTION the wisdom OF ald-
Ing in the construction OF railroads. That
I q
light OF experience it may we'll be asked whether
1T would not have been wise to have aided these
great enterprises otherwise than by grants OF
the public domain. Though much good has
been wrought, certain it is that the legislation
by which these vast territories passed under
the dominion OF railroad companies gave an
1ncurable wound to the homestead scheme be-
fore that scheme had fair opportunity for dis
playing its beneicent effects. This land grant
legislation certainly not in harmony with
the theory OF the distribution OF the public do
main among tn people, and gave up TO capital
lists as basis for traffic and speculation ana
gigantic financial schemes what was. by the
original policy OF the Government, designed to
be homes for an industrious and thrifty people,
the Gbodes of domestic happiness and virtue
and patriotism.
Notwithstanding these indemnity Withdrawals
were made exclusively for the interests OF the
company, few of these, If any OF them, con-
at ructed their roads within the time pre-
scribed in the granting act. as an express condt-
tion which the grant made. Maps OF
probable" general" designated" and def
nate routes OF said road were filed with rapid
ity in the department. and Withdrawals there
under asked and almost invariably granted. I'M
til the public md. States and Territories werc
fsrid-ironed over with railroad, granted and III
demnity limits; and in many instances the
limits OF one road overlapping and conflicting
with other roads in the most bewildering man.
ner so that the settler, seeking home, could
scarcely find one. or perhaps two or three OF the
roads to which grants OF land had been made by
Congress.
Nor was this all Though the desired tract
might not be apparently covered by rail-
road location, the settler would hardly select 1t
before agents OF the corporations would set up
II claim to it, or to the right to occupy and de-
nude il, under the right OF way and construc-
ton privileges conferred by the granting act.
Thus the settler, ignorant OF his legal rights,
and with one to advise him with respect to
either the law or the facts, would. for the sake
OF peace and a home, readily consent to pur-
chase from the company. In this way these
corporations, IN addition to the lands granted
them have claimed. sold and received the price
OF great deal of other land to which they had
neither legal nor moral right, nor the shadow OF
either.
The intrusion, the hardship and impositions
EJracticed upon the settlers greatly in
creased by the bold schemes of the corporated
agents where Withdrawals were made OF lands
to which the legal title of the companies had
not attached, and which afterwards remained
in the same condition for years through the
failure OF Congress to make the necessary ap-
preparations for the surveys. When, however,
through partial surveys and adjustments OF
grants. lands thus sold ny company werc
found to be outside OF the grants and deter
Mined by the department to be public lands,
the purchaser from the company found himself
in the unfortunate predicament of having lost
both his land and his money. Generally with
out the means to enter into q costly litigation
with powerful corporation, the deprivation OF
his home, the expenditure and waste of his
years. his energy and strength, in redeeming
that home from its wild condition, rendered
his technical right of action against
the company but little moro than mock
cry. Years have elapsed since many OF
the grants have been made and other years
since the Withdrawals. Some OF the companies
have constructed the entire limit OF their roads
Others fragmentary portions only and others
again none at all, but the Withdrawals OF the
Lands were no less effective as barrier against
She settlers in the one case than in the other.
III nn2ttered
Quired by years OF toll upon what he believed
60 be part of the National domain, it was de-
ciared by the highest judicial tribunal, as ex-
pounded by the highest law officers OF the exec
utive, that u Withdrawal once made by compe-
tent authority was legal and effective to exclude
all from intrusion within its limits
One case where hardship and injustice were
about to be inflicted under the law came under
SOur observation. Guilford Miller settled upon
lands afterward selected and claimed by the
Northern Pacific Railroad Company to be with
in the withdrawal for indemnity purposes. Some
doubt arising US TO the legality OF that with
drawal the case was referred by this depart
ment to the Attorney General for his opinion on
the question orthe law. That officer held that
the withdrawal was legal and that during its
existence Miller could acquire right or title
10 the tract claimed by him and on which he
lived
Whilst recognizing the correctness OF the
law, you saw the injustice of the case SO far as
the individual settler was affected; and that
hundreds of others were similarly situated who
might and would be affected; and you directed
that such grants should be admin stored by
this department as, il possible, to protect
these settlers from such injustice. stating your
belief, that this can be done under the pro-
vision which declares that these selections shall
be made under the direction OF the Secretary of
the Interior
After years OF waiting Congress has failed to
empower the department TO make the neces-
sary surveys whereby some of the grants might
be adjusted, and no immediate prospect OF such
surveys was in sight. But a law was passed
March 8, 1887, % revised statutes. $50 whereby
the Secretary of the Interior was directed to
Immediately adjust each OF the railroad land
grants made by Congress TO aid in the construc-
zion OF railroads"
dasir To, oinav tl.o